(University libraries and university of applied sciences libraries, institutions, research facilities and business companies)

Preamble

These terms of use apply for the online data base HANSER eLIBRARY, operated by the Carl Hanser Verlag GmbH & Co. KG, Kolbergerstr. 22, 81679 Munich, (hereinafter referred to as “Publisher”) under the URL "hanser-elibrary.com" and on which the Publisher makes available selected works of its publishing program in digital form on demand (hereinafter referred to as “eLIBRARY”). These terms of use apply to all agreements about access to the eLIBRARY and entered into with libraries of universities and universities of applied sciences, institutions, research facilities and business companies (hereinafter referred to as “Customers”) as well as any services offered through the eLIBRARY in connection therewith, especially use of the platform and access to the content provided therein.

The eLIBRARY offer replaces the offer of the HANSER E-bookBook-Bibliothek starting from 29th August 2011.

For the contractural relationship between the Publisher and the Customer only the following terms of use shall apply.

§ 1 Customers and Users / Conclusion of contract

(1) The eLIBRARY offer allows university libraries and libraries of universities of applied sciences, institutions, research facilities and business companies worldwide to acquire against payment the right to have access to the eLIBRARY according to these terms of use in order to allow their own registered and authorized Users and employees (hereinafter referred to as “Users”) to have exclusively free of charge access according to these terms of use.

(2) A contract about the acquisition of an access authorization to the E-books Books and E-book Book packages of the eLIBRARY (hereinafter referred to as “License Agreement”) is only concluded with the conclusion of a corresponding agreement between the Publisher, if applicable, represented by one of its distribution partners, and the Customer, either by execution of an agreement by both parties or by sending an order by the Customer (offer) and the notice that the Customer’s access has been activated or by reception of an invoice (acceptance) by the Publisher, whichever occurs earlier.

§ 2 eLIBRARY offers

(1) The current eLIBRARY and the current E- Books available are accessible under the URL “hanser-elibrary.com”. There is also a notice, for which E- Book packages of the eLIBRARY access authorizations can be purchased at the moment and what these packages include (hereinafter referred to as “E-Book-Packages”).

(2) The eLIBRARY offer shall expand continuously; in isolated cases a cancelation of titles from the eLIBRARY by the Publisher may become necessary. If applicable, the Publisher will amend the offered E-Book-Packages or supplement them. The purchased access authorizations apply to the E-Books or E-Book-Packages of the the eLIBRARY in their current form as chosen by the Customer. The Publisher will immediately inform the Customer, in case one of the titles purchased by the Customer is excluded from the program. In case such exclusion of the eLIBRARY offer and/or the E-Book-Packages leads to excessive fees for the use, the publisher will immediately refund any excessive payments.

(3) Access to the eLIBRARY by the Customer and the Users is only possible if and when the technical requirements for the access to the eLIBRARY according to the conditions provided to the Customer or indicated in the eLIBRARY are met. The Publisher is authorized to change the technical prerequisites of the eLIBRARY use at any time and to adapt them to current technical requirements, especially safety requirements, and to provide the Customer the currently effective prerequisites which shall be binding upon reception of such notice.

§ 3 Grant of rights

(1) The parties agree, that the eLIBRARY as well as the E-Books offered in the eLIBRARY are protected by copyright to the benefit of the Publisher as well as the author. Furthermore, the titles, logos and other trademarks used in the eLBRARYare protected by trademark law, if applicable. The Customer and the Users are authorized to access the eLIBRARY and to use the E-Books available in the eLIBRARY only and in so far as they are hereinafter expressly granted rights of use. Any other rights to the eLIBRARY, the E-Books and the content remain with the Publisher.

(2) The Publisher grants the Customers for the contract term the non exclusive, untransferable and non-sublicensable right to access the E-Books of the eLIBRARY included in the purchased access authorization in their current version under the IP address, User name and password of the Customer as communicated by the Customer, as well as to provide the Users authorized by the Customer the exclusively free of charge access and use under the following conditions:

(a) The access by the Users must either occur in the Customer’s premises via the Customer’s computer workplaces or – if made available by the Customer – via the Customer’s network by way of secure remote access by the Users.
(b) The access by the Users occurs exclusively for private use or for their study, research and teaching.
(c) The Users are authorized to print the E-Books accessible in the eLIBRARY within the framework of the access authorization granted to them for studies, research and teaching and/or to download and store the E-Books as a whole or individual chapters of the E-Books in pdf format.

(3) Any other use, reproduction, especially archiving or distribution of the eLIBRARY and its content by the Customer and/or the Users, especially any commercial or business use or exploitation of the eLIBRARY and its content especially by way of sale, rent, lease, hiring etc. as well as any offer to download outside the Customer’s secure network require the Publisher’s prior written approval.

(4) In particular, any adaptation or editing as well as a continuous and/or automatic search, indexing and/or download of the eLIBRARY and its content, especially by using automatic downloading programs or other tools by the Customer and the Users are forbidden.

§ 4 Customers’ and Users’ obligations

(1) The content and services of the eLIBRARY may not be used for unlawful purposes. The Customer and the Users are obliged to respect the laws of the Federal Republic of Germany. Any activities aimed at disabling the eLIBRARY websites or at least at making their use more difficult are forbidden and may lead to both civil and criminal prosecution. Especially acts, which can have an influence on the physical and logical structure of the services are forbidden.

(2) Copyright notices and titles as well as other relevant names of content of the eLIBRARY available in the eLIBRARY or any registered marks (brands and company names, logos etc.) may not be removed, modified or eliminated, especially not in prints or digital copies.

(3) The Customer will truthfully provide the Publisher or, if applicable, the Publisher’s distribution partner at conclusion of the contract with the data necessary for the use, including the IP address over which the access will occur and will inform the Publisher or the Publisher’s distribution partner in good time about any changes.

(4) The Customer is responsible according to § 8 for any activities taking place over his access to the eLIBRARY and will be responsible for any infringement of legal regulations and/or these terms of use, and especially for any damages arising towards the Publisher.

(5) The Customer is obliged to keep his User name and password for the eLIBRARY secret and not to make it available to any third persons as well as to adequately secure the network through which he allows his Users to have access to the eLIBRARY against unauthorized access. In case of loss of access data, suspected unauthorized use of this access data and/or circumvention of the safety measures of the Customer’s network by any third persons, the Customer will immediately inform the Publisher and is responsible for any misuses of access data or insufficient security measures he may be responsible for according to § 8 and for any damage cost towards the Publisher.

(6) Furthermore, the Customer is obliged to inform the Users in an adequate form about these terms of use as well as any subsequent amended versions of these terms of use, to allow Users to have access to the eLIBRARY according to their access authorization only as granted by these terms of use or, as the case may be, any updated terms of use and to oblige the Users to comply with the conditions for the use of the eLIBRARY as stipulated in these terms of use.

§ 5 Availability of the eLIBRARY

(1) The eLIBRARY will be made available to the Customers and their Users by the Publisher via the Internet. The Publisher will endeavor to ensure careful maintenance and care of the eLIBRARY and will provide sufficient capacities in order to ensure an availability via the Internet. Since the availability of the eLIBRARY is especially dependent on the availability of an Internet connection, the Publisher can not ensure a constant accessibility of the eLIBRARY. The Publisher is also not responsible for the eLIBRARY and its content to be up to date and free from errors. Delays, misspellings and misinformation may occur.

(2) Due to care and maintenance works temporary limitations of the availability of the eLIBRARY may occur. The Publisher will make its best effort to keep limitations to a minimum and to carry out care and maintenance work, if possible, between 10 p.m. and 6 a.m. As a general rule, the Publisher or its distribution partner will inform the Customer at least three days before the beginning of any planned limitations due to care and maintenance works.

(3) The connection of the eLIBRARY via the Internet, the supply of necessary hardware and software as well as the protection of its own systems against viruses and unauthorized access fall into the Customer’s responsibility.

§ 6 Access monitoring

(1) The Publisher is authorized to monitor the access to the library as well as its use as far as legally permissible, especially in order to discover any use in breach of this contract or any misuse of access authorizations.

(2) In case the Publisher takes knowledge of such use in breach of this contract or of any misuse of access authorizations, especially access data, or in case these are likely to occur, the Publisher will inform the Customer immediately and will set the Customer an appropriate deadline to cure this breach. In case the Customer does not cease and desist from any use in breach of this contract and/or from the misuse of its access authorization by taking appropriate measures within the set date, the Publisher is authorized to temporarily suspend the Customers and the Users access until the infringing use and/or misuse are discontinued or any such suspicion is dispelled. § 4 remains unaffected.

§ 7 Remuneration/payment

(1) The remuneration for the purchase of the right access to the E-Books and E-Books-Packages of the eLIBRARY which form the object of the contract is agreed between the Customer and the Publisher or any distribution partner acting on behalf of the Publisher. Except if expressly agreed otherwise, the remuneration is payable plus applicable VAT.

(2) The remuneration is due with the conclusion of the contract between the Publisher or the distribution partner acting on behalf of the Publisher and the Customer against proper invoicing within four weeks after reception of the invoice.

(3) The provision of access to the eLIBRARY is subject to fulfillment of due payments. Otherwise the Publisher is authorized to temporarily suspend the Customer’s access after one unsuccessful reminder.

(4) An offset against any claims by the Customer is only possible for claims which have become res judicata or have been accepted by the Publisher.

§ 8 Liability

(1) The parties are only liable for acts through willful intent or gross negligence. This shall not apply to breach of material obligations of this agreement.

(2) In case of slight negligence the parties’ liability for financial losses with regard to indirect damages, especially consequential damages as well as lost profits are excluded.

(3) A strict liability of the parties prescribed by law– especially a statutory guarantee – shall remain unaffected by the above limitations of liability. The same shall apply for the parties’ liability for culpable injury to life, physical integrity or health as well any product liability.

(4) The above § 8 (1) to (3) apply for any contractual and non contractual claims, which may result from this agreement or the use of the eLIBRARY. In so far as any liability of the parties is excluded or limited, the same shall apply to the personal liability of their legal representatives and agents.

§ 9 Contract term/termination

(1) The license agreement comes into force with the beginning of the agreed use term and shall continue for an indefinite period of time. It can be terminated by any of the parties with six months notice to the end of the year, but not earlier than to the end of the year after five years since the beginning of the use term.

(2) The right of the parties to terminate for good cause remains unaffected.

(3) A notice of termination must be served in writing.

(4) With a termination of the license agreement the Customer’s as well as the User’s rights to access the eLIBRARY and its content and to use these according to § 3 shall end. The Publisher will provide the Customer at the end of the agreement with an electronic version of the E-Books currently available in the eLIBRARY in a usual format, if these are subject to the contractual access authorization and in so far as the necessary rights are held by the Publisher and there are no withstanding third party rights. The Customer and the Users are authorized even after termination of the contract, to use the provided versions of the E-Books, which have been paid during the term of the contract in accordance with § 3.

§ 10 Data protection

The privacy policy applicable is available under the URL "hanser-elibrary.com/page/privacy_policy".

§ 11 Modification of the terms of use

The Publisher reserves the right to amend and adjust these terms of use, if necessary. The Customer will be informed in writing or by email about any changes by the Publisher or any distribution partner authorized by the Publisher. In case of a change in the terms of use, the Customer has the right to terminate the agreement within two weeks after reception of the notice about the change of the terms of use for good cause in writing. The extraordinary termination shall take effect at the time, in which the communicated changes of the terms of use come into force.

§ 12 Final provisions

(1) The laws of the Federal Republic of Germany apply. The application of the CISG is excluded.

(2) Exclusive place of venue for any legal dispute arising from or in connection with this license agreement is Munich (District Court of Munich I).

(3) In case of the stipulations in these terms of use shall become partially or completely invalid, this shall have no effect on the rest of the agreement.

(4) The terms of use as well as any other data of the usage relationship will be stored or retained by the Publisher after the conclusion of this agreement. The terms of use can be downloaded in their current version under the URL "hanser-elibrary.com/page/privacy_policy".

Date: 06.02.2012

Terms of use HANSER eLIBRARY for scientific journals

Preamble

These terms of use apply for the online data base HANSER eLIBRARY for scientific journals, operated by the Carl Hanser Verlag GmbH & Co. KG, Kolbergerstr. 22, 81679 Munich, under the URL "hanser-elibrary.com" and on which the scientific journals published by Carl Hanser Verlag GmbH & Co. KG, Kolbergerstr. 22, 81679 Munich (hereinafter referred to as “Publisher”) are made available selected scientific journals of its publishing program in digital form on demand (hereinafter referred to as “eLIBRARY”). These terms of use apply to all agreements about access to the scientific journals part of the eLIBRARY and entered into with subscribers (hereinafter referred to as “Customers”) as well as any services offered through the eLIBRARY in connection therewith, especially use of the platform and access to the content provided therein.

For the contractual relationship between the Publisher and the Customer regarding the access to the digital format of scientific journals the following terms of use shall apply in addition to the subscription conditions. For other works available through "hanser-elibrary.com" these terms of use do not apply.

The relevant scientific journals are listed under https://www.hanser.de/fachzeitschriften-portale/uebersicht-fachzeitschriften-wissenschaftliche-zeitschriften/.

§ 1 Customers and Users / Conclusion of contract

(1) The eLIBRARY offer allows Customers worldwide to acquire against payment the right to have access to the scientific journals of the eLIBRARY according to these terms of use. Customers, that are libraries of universities and universities of applied sciences, institutions, research facilities and business companies are therewith enabled to allow their own registered and authorized Users and employees (hereinafter referred to as “Users”) to have exclusively free of charge access according to these terms of use.

(2) A contract about the acquisition of an access authorization to the scientific journals of the eLIBRARY (hereinafter referred to as “License Agreement”) is only concluded with the conclusion of a corresponding agreement between the Publisher and the Customer, either by execution of an agreement by both parties or by sending an order by the Customer (offer) and the notice that the Customer’s access has been activated or by reception of an invoice (acceptance) by the Publisher, whichever occurs earlier.

(3) The Publisher has the right to assign this Licence Agreement with regard to the selected scientific journals that can be accessed at the eLIBRARY by way of restructuring, provided that the legitimate interests of the Publisher outweigh those of the Customer The Publisher will inform the Customer about a completed assignment. In the event of an assignment, the acquirer enters in place of the Publisher.

§ 2 eLIBRARY offers

(1) The current eLIBRARY and the current scientific journals available are accessible under the URL “hanser-elibrary.com”.

(2) The purchased access authorizations apply to the scientific journals of the the eLIBRARY in their current form as chosen by the Customer.

(3) Access to the eLIBRARY by the Customer and the Users is only possible if and when the technical requirements for the access to the eLIBRARY according to the conditions provided to the Customer or indicated in the eLIBRARY are met. The Publisher is authorized to change the technical prerequisites of the eLIBRARY use at any time and to adapt them to current technical requirements, especially safety requirements, and to provide the Customer the currently effective prerequisites which shall be binding upon reception of such notice.

§ 3 Sign-in / User Account

The use of eLIBRARY requires the creation of a user account (Sign-in). After the Customer's order data has been uploaded into the Publisher's system, the Customer will receive an automatically generated e-mail to the e-mail address provided during the ordering process of the selected subscription, including an activation link. By clicking on the activation link and assigning a self-chosen password, the Sign-in is carried out and the user account is activated. The e-mail address provided by the Customer during the ordering process serves as the user name.

User accounts can only be created by the Customer or by a duly authorized person acting in the name and on behalf of the Customer. During Sign-in only truthful information shall be provided. The Customer can carry out updates of the contact data by himself in its user account.

Access to the articles via the activated user account is activated with the publication of the first issue of the selected subscription.

§ 4 Revocation

If the Customer is a consumer in the sense of Sec. 13 of the German Civil Code, the Customer has the right of revocation as outlined in the respective subscription agreement, which also affects the licence agreement concluded hereafter.

§ 5 Grant of rights

(1) The parties agree, that the eLIBRARY as well as the scientific journals offered in the eLIBRARY are protected by copyright to the benefit of the Publisher as well as the author. Furthermore, the titles, logos and other trademarks used in the eLBRARY are protected by trademark law, if applicable. The Customer and the Users are authorized to access the eLIBRARY and to use the scientific journals available in the eLIBRARY only and in so far as they are hereinafter expressly granted rights of use. Any other rights to the eLIBRARY, the scientific journals and the content remain with the Publisher.

(2) The Publisher grants the Customers for the contract term the non exclusive, untransferable and non-sublicensable right to access the scientific journals of the eLIBRARY included in the purchased access authorization in their current version under the IP address, User name and password of the Customer as communicated by the Customer, as well as, in case of libraries of universities and universities of applied sciences, institutions, research facilities and business companies, to provide the Users authorized by the Customer the exclusively free of charge access and use under the following conditions:

(a) The access by the Users must either occur in the Customer’s premises via the Customer’s computer workplaces or – if made available by the Customer – via the Customer’s network by way of secure remote access by the Users.
(b) The access by the Users occurs exclusively for private use or for their study, research and teaching.
(c) The Users are authorized to print the scientific journals accessible in the eLIBRARY within the framework of the access authorization granted to them for studies, research and teaching and/or to download and store the scientific journals as a whole or individual articles of the E-Books in pdf format.

(3) Any other use, reproduction, especially archiving or distribution of the eLIBRARY and its content by the Customer and/or the Users, especially any commercial or business use or exploitation of the eLIBRARY and its content especially by way of sale, rent, lease, hiring etc. as well as any offer to download outside the Customer’s secure network require the Publisher’s prior written approval.

(4) In particular, any adaptation or editing as well as a continuous and/or automatic search, indexing and/or download of the eLIBRARY and its content, especially by using automatic downloading programs or other tools by the Customer and the Users are forbidden.

§ 6 Customers’ and Users’ obligations

(1) The content and services of the eLIBRARY may not be used for unlawful purposes. The Customer and the Users are obliged to respect the laws of the Federal Republic of Germany. Any activities aimed at disabling the eLIBRARY websites or at least at making their use more difficult are forbidden and may lead to both civil and criminal prosecution. Especially acts, which can have an influence on the physical and logical structure of the services are forbidden.

(2) Copyright notices and titles as well as other relevant names of content of the eLIBRARY available in the eLIBRARY or any registered marks (brands and company names, logos etc.) may not be removed, modified or eliminated, especially not in prints or digital copies.

(3) The Customer will truthfully provide the Publisher at conclusion of the contract with the data necessary for the use, including the IP address over which the access will occur and will inform the Publisher in good time about any changes.

(4) The Customer is responsible according to § 10 for any activities taking place over his access to the eLIBRARY and will be responsible for any infringement of legal regulations and/or these terms of use, and especially for any damages arising towards the Publisher.

(5) The Customer is obliged to keep his User name and password for the eLIBRARY secret and not to make it available to any third persons as well as, in case of libraries of universities and universities of applied sciences, institutions, research facilities and business companies, to adequately secure the network through which he allows his Users to have access to the eLIBRARY against unauthorized access. In case of loss of access data, suspected unauthorized use of this access data and/or circumvention of the safety measures of the Customer’s network by any third persons, the Customer will immediately inform the Publisher and is responsible for any misuses of access data or insufficient security measures he may be responsible for according to § 10 and for any damage cost towards the Publisher.

(6) Furthermore, the Customer is obliged to inform the Users in an adequate form about these terms of use as well as any subsequent amended versions of these terms of use, to allow Users to have access to the eLIBRARY according to their access authorization only as granted by these terms of use or, as the case may be, any updated terms of use and to oblige the Users to comply with the conditions for the use of the eLIBRARY as stipulated in these terms of use.

§ 7 Availability of the eLIBRARY

(1) The eLIBRARY will be made available to the Customers and their Users by the Publisher via the Internet. The Publisher will endeavor to ensure careful maintenance and care of the eLIBRARY and will provide sufficient capacities in order to ensure an availability via the Internet. Since the availability of the eLIBRARY is especially dependent on the availability of an Internet connection, the Publisher can not ensure a constant accessibility of the eLIBRARY. The Publisher is also not responsible for the eLIBRARY and its content to be up to date and free from errors. Delays, misspellings and misinformation may occur.

(2) Due to care and maintenance works temporary limitations of the availability of the eLIBRARY may occur. The Publisher will make its best effort to keep limitations to a minimum and to carry out care and maintenance work, if possible, between 10 p.m. and 6 a.m. As a general rule, the Publisher will inform the Customer at least three days before the beginning of any planned limitations due to care and maintenance works.

(3) The connection of the eLIBRARY via the Internet, the supply of necessary hardware and software as well as the protection of its own systems against viruses and unauthorized access fall into the Customer’s responsibility.

§ 8 Access monitoring

(1) The Publisher is authorized to monitor the access to the library as well as its use as far as legally permissible, especially in order to discover any use in breach of this contract or any misuse of access authorizations.

(2) In case the Publisher takes knowledge of such use in breach of this contract or of any misuse of access authorizations, especially access data, or in case these are likely to occur, the Publisher will inform the Customer immediately and will set the Customer an appropriate deadline to cure this breach. In case the Customer does not cease and desist from any use in breach of this contract and/or from the misuse of its access authorization by taking appropriate measures within the set date, the Publisher is authorized to temporarily suspend the Customers and the Users access until the infringing use and/or misuse are discontinued or any such suspicion is dispelled. § 6 remains unaffected.

§ 9 Remuneration

The remuneration for the purchase of the right access to the scientific journals of the eLIBRARY which form the object of the contract is agreed between the Customer and the Publisher through the concluded subscription. The general terms and conditions for subscriptions of scientific journals apply.

§ 10 Liability

(1) The parties are only liable for acts through willful intent or gross negligence. This shall not apply to breach of material obligations of this agreement.

(2) In case of slight negligence the parties’ liability for financial losses with regard to indirect damages, especially consequential damages as well as lost profits are excluded. This does not apply if the Customer is a consumer within the meaning of section 13 BGB. In the case of consumers, liability in the event of slight negligence is limited to damages resulting from a breach of duty by the respective party with regard to essential contractual rights and duties that are indispensable for the proper execution of the contract and that endanger the achievement of the purpose of the contract, whereby liability in this case is limited to typical and foreseeable damages.

(3) A strict liability of the parties prescribed by law– especially a statutory guarantee – shall remain unaffected by the above limitations of liability. The same shall apply for the parties’ liability for culpable injury to life, physical integrity or health as well any product liability.

(4) The above § 10 (1) to (3) apply for any contractual and non contractual claims, which may result from this agreement or the use of the eLIBRARY. In so far as any liability of the parties is excluded or limited, the same shall apply to the personal liability of their legal representatives and agents.

§ 11 Contract term/termination

(1) The license agreement comes into force with the beginning of the agreed use term and shall and run for the period during which a contract for a subscription regarding a scientific journal in digital format has been concluded between the parties.

(2) The right of the parties to terminate for good cause remains unaffected.

(3) A notice of termination must be served in writing.

(4) With a termination of the license agreement the Customer’s as well as the User’s rights to access the eLIBRARY and its content and to use these according to § 5 shall end.

§ 12 Data protection

The privacy policy applicable is available under the URL "hanser-elibrary.com/page/privacy_policy".

§ 13 Modification of the terms of use

The Publisher reserves the right to amend and adjust these terms of use, if necessary. Amendments to the terms of use will be communicated to the Customer at least six (6) weeks before the proposed date of their entry into force in the form permitted by law. The amended terms of use shall take effect on the proposed date, unless the Customer notifies the Publisher of its rejection in writing before the proposed date. The Publisher will specifically refer to this effect of consent in its communication to the Customer.

§ 14 Final provisions

(1) Information on alternative dispute resolution in consumer matters: The Publisher does not participate in a dispute resolution procedure before a consumer arbitration board.

(2) The laws of the Federal Republic of Germany apply. The application of the CISG is excluded.

(3) If the Customer is a merchant or legal entity under public law, the exclusive place of jurisdiction for all disputes arising from the license agreement shall be Munich (District Court of Munich I).

(4) In case of the stipulations in these terms of use shall become partially or completely invalid, this shall have no effect on the rest of the agreement.

(5) The terms of use as well as any other data of the usage relationship will be stored or retained by the Publisher after the conclusion of this agreement. The terms of use can be downloaded in their current version under the URL "hanser-elibrary.com/page/terms".

Date: 01 July 2020